U.S. Ukraine- and Russia-related sanctions update XII: General License 13H of the U.S. Department of the Treasury
Clearstream Banking1 informs customers that the United States Department of the Treasury published, on 7 December 2018, Ukraine-/Russia-related Designations and Identification and the Issuance of Ukraine- and Russia-related General License 13H (Authorizing Certain Transactions Necessary to Divest or Transfer Debt, Equity, or Other Holdings in Certain Blocked Persons).
Customers are advised that Clearstream Banking will only accept and process settlement instructions until 16:00 CET on 18 January 2019 for securities issued by entities covered by OFAC General License 13H.
GDR EN GROUP PLC REGS REG 1DR/1SH
UNITED COMPANY RUSAL PLC
SHS JSC IRKUTSKENERGO ORD REG
USD 5,125 RUSAL CAPITAL DAC (REGS) 17-2022
USD 5,30 RUSAL CAPITAL DAC (REGS) 17-2023
USD 4,85 RUSAL CAPITAL DAC (REGS) 18-2023
USD 5,125 RUSAL CAPITAL DAC (144A) 17-2022
Please instruct as early as possible, so that your settlement instructions can be processed and settled in good time.
No settlement instructions will be accepted if they are made after 16:00 on 18 January 2019, and/or if they have an intended settlement date later than 18 January 2019. This includes Bridge instructions.
Note: The relevant depositories for the ISIN US781764AA33 and ISIN JE00B5BCW814 have imposed shorter deadlines in the market for the acceptance of settlement instructions for divestment in accordance with authorisation granted in OFAC’s General License No. 13H, which will be communicated to holders in the normal course of business.
Any positions which remain on customer accounts will be blocked from 21 January 2019, and all subsequent instructions will be rejected.
Effective 21 January 2019, pending instructions in the impacted securities will be cancelled.
Instructions to receive or deliver affected securities until 18 January 2019
When instructing the receipt of any of affected securities, customers must add the following new representation into the narrative field of their instruction (for example field :70E: of the MT54x instruction):
“We represent: this instruction is covered by OFAC General License 13H; is necessary to transfer or divest the securities to a non-U.S. person; no SDN is involved; the ultimate recipient of the securities is neither a U.S. person nor an SDN or SDN equivalent.”
For domestic market settlement, the customer delivering securities to the domestic market must either provide the same representation, or alternatively, represent that the instruction relates to an on-exchange transaction.
Note: If for some reason it is not possible to add the representation to the narrative field of the instruction, we require a separate authorised communication which must provide the Transaction Reference(s) to allow reconciliation of the representation back to each instruction.
Income and Corporate Events
In respect of expected forthcoming corporate or income events that arise between now and 18 January 2019, Clearstream Banking intends to apply the provisions of General Licenses 14D and 16D.
For further information, customers may contact Clearstream Banking Client Services or their Relationship Officer.
1. Clearstream Banking refers collectively to Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248, and Clearstream Banking AG (for Clearstream Banking AG customers using Creation Accounts), registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500.